Website Terms AND CONDITIONS of Use
Updated: August 18, 2021
This website (the “Site”) is controlled by Backyard Farms, LLC (“Operator”, “we”, “us”, or “our”). Operator makes no representation that the Site, in whole or in part, is appropriate or available for use in other locations, and access to the Site from territories where content is illegal is prohibited. Those persons and entities that choose to access and/or use the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
- Accessibility. If you need assistance accessing something on Site, please contact Operator using the Contact Information below.
- Contact Information.
Backyard Farms, LLC
c/o Mastronardi Produce Limited
2100 Road 4 East
Kingsville, Ontario N9Y 2E5
Customer Service: 1-844-GROWN-4-U (1-844-476-9648)
- Privacy. Your visit to the Site is also governed by, subject to, and conditioned on your agreement to all terms and conditions of a Website Privacy Statement, which is incorporated by reference herein. You may review the Website Privacy Statement at https://www.backyardfarms.com/privacy-policy/.
- Trademarks. All trademarks and service marks used on the Site are either, trademarks and service marks of Operator or its affiliates, or of the relevant licensors. Other product and company names mentioned on the Site may be trademarks of their respective owners. The trademarks, logos, and service marks displayed on the Site are owned by the Operator, its affiliates, and other third parties, and the Site’s trade dress is owned by Operator. All trademarks and service marks not owned by Operator are the property of their respective owners, and, where used by Operator or its affiliates, are used with permission. Nothing contained on the Site may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademarks, service marks or trade dress. Operator and its affiliate’s trademarks, service marks and/or trade dress may not be copied, imitated or used, in whole or in part (including use in metatags or in hidden text), without prior written permission. You agree that you will not take any actions inconsistent with the Operator or its affiliate’s ownership of, or any third party’s ownership of, the trademarks, services marks, and trade dress used on the Site.
- Site Use. Operator grants you a limited, revocable, nonexclusive license to use the Site solely for your own personal use, and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or any other use. You agree not to copy materials on the Site, reverse engineer or break into the Site, or use materials, products, or services in violation of any law. The use of the Site is at the discretion of Operator and Operator may terminate your use of the Site at any time, for any reason, and without notice.
- Links to 3rd Party Websites. The Site may contain links to third-party websites or other resources, over which we may have no direct control and all of which may have their own set of rules and guidelines for usage of their sites and services. We have not reviewed the accuracy of the content of any linked third party website. No endorsement of any such linked third party website is made, either express or implied. Because we have no control over such websites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and that we do not endorse and are not responsible, or liable, for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such website or resource. Use of such links is at your own risk.
- Compliance with Laws. You agree to comply with all applicable laws regarding your access and use of the Site. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
- Disclaimer. THE INFORMATION ON THE SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. OPERATOR DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE ACCESSING AND USING THE SITE.
- Limitation of Liability. UNDER NO CIRCUMSTANCES WILL OPERATOR BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE ACCESS AND SITE USE. YOU EXPRESSLY WAIVE THE RIGHT TO LITIGATE IN COURT OR ARBITRATE ANY CLAIM OR DISPUTE RELATED TO YOUR ACCESS OR USE OF THE SITE AS A CLASS ACTION, EITHER AS A MEMBER OF A CLASS OR AS A REPRESENTATIVE, OR TO ACT AS A PRIVATE ATTORNEY GENERAL.
- Use of Information. You understand and agree that you are accessing and using the Site voluntarily. Operator reserves the right, and you authorize us, to use and assign all information regarding Site access and uses by you and all information provided by you in any manner consistent with our Website Privacy Statement.
- Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached as follows:
By Email: Privacy@sunsetgrown.com